Texas 2009 - 81st Regular

Texas Senate Bill SJR39 Compare Versions

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11 By: Averitt S.J.R. No. 39
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44 SENATE JOINT RESOLUTION
55 proposing a constitutional amendment authorizing the issuance of
66 general obligation bonds to provide and guarantee loans to
77 encourage advanced clean energy projects.
88 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Article III, Texas Constitution, is amended by
1010 adding Section 49-q to read as follows:
1111 Sec. 49-q. (a) For purposes of this section:
1212 (1) "Advanced clean energy project" means a project
1313 for which an application for a permit to emit air contaminants is
1414 received by the Texas Commission on Environmental Quality or its
1515 successor after January 1, 2008, and before January 1, 2020, and
1616 that:
1717 (A) involves the use of coal, biomass, petroleum
1818 coke, solid waste, or fuel cells using hydrogen derived from such
1919 fuels, in the generation of electricity, or the creation of liquid
2020 fuels outside of the existing fuel production infrastructure while
2121 co-generating electricity;
2222 (B) is capable of achieving on an annual basis a
2323 99 percent reduction of sulfur dioxide emissions and a 95 percent
2424 reductions of mercury emissions and an annual average emission rate
2525 for nitrogen oxides of 0.05 pounds or less per million British
2626 thermal units; and
2727 (C) captures not less than 50 percent of any
2828 carbon dioxide produced by the combustion of fuel and sequesters
2929 that captured carbon dioxide by geologic storage or other means.
3030 (2) "Geologic storage" means the underground storage
3131 of carbon dioxide in a suitable geologic formation, including
3232 storage that is accomplished in conjunction with an enhanced oil
3333 recovery project.
3434 (b) To provide and guarantee loans to encourage advanced
3535 clean energy projects in this state, the legislature by general law
3636 may authorize the Texas Public Finance Authority or its successor
3737 to issue general obligation bonds of the State of Texas in an amount
3838 not to exceed $300 million and to enter into related credit
3939 enhancement agreements. The proceeds from the sale of the bonds may
4040 be used only to make and guarantee loans to business entities for
4141 advanced clean energy projects in this state.
4242 (c) The bonds authorized under this section constitute a
4343 general obligation of the state. While any of the bonds or interest
4444 on the bonds is outstanding and unpaid, there is appropriated out of
4545 the first money coming into the treasury in each fiscal year not
4646 otherwise appropriated by this constitution an amount sufficient to
4747 pay the principal of and interest on the bonds that mature or become
4848 due during the fiscal year, including an amount sufficient to make
4949 payments under a related bond enhancement agreement.
5050 SECTION 2. This proposed constitutional amendment shall be
5151 submitted to the voters at an election to be held November 3, 2009.
5252 The ballot shall be printed to permit voting for or against the
5353 proposition: "The constitutional amendment authorizing the
5454 issuance of general obligation bonds to provide and guarantee loans
5555 to encourage advanced clean energy projects."